Termination of Parental Rights is the process by which a person’s constitutional rights as a parent are taken away by the court due to abuse, abandonment, or neglect of a child. The standard of proof is very high in a termination of parental rights case and there are several considerations a court must consider in ending the parent/child relationship forever.
- The abuse, abandonment, and/or neglect must be proven by clear and convincing evidence
- It must be proven that termination of parental rights is in the best interests of the child
- Clear and convincing evidence is a higher burden of proof, making it more difficult for whoever is prosecuting to win the case
When the parents’ rights are terminated, the child or children are now available for adoption. There are two legal avenues for termination of parental rights: through family law or through juvenile law/department of children and families.
Annette Sanchez is a former attorney at the Department of Children and Families and practices all areas of family law. Whether you are defending against allegation of abuse or to bringing forth allegations of maltreatment of children, Annette Sanchez Law, P.A. provides the zealous representation necessary to achieve the best possible result for clients.
Department of Children and Families Proceedings
The Department of Children and Families is the agency in Florida tasked with investigating and prosecuting child abuse, abandonment, and neglect. However, Florida law permits anyone who has knowledge of said abused, abandoned or neglected to bring a Termination of Parental Rights case, essentially putting themselves in the role of Department of Children and Families.
Defense in Termination of Parental Rights Cases
A termination of parental rights case in which the Department of Children and Families is involved requires an experienced dependency lawyer who can help protect your constitutional rights to be a parent. A defense can be based on:
- Showing that a parent is innocent
- Proving that terminating the parental rights is not in the best interest of the child
Florida statute has a list of factors the court must consider in determining what is in the best interest of the child. Additionally, the Department of Children and Families must show that termination of parental rights is the least restrictive means.
Our attorneys develop a defense tailored to the specific facts of your case and discuss the many options you may have. A dependency attorney must often work closely with a criminal defense attorney and a divorce attorney in these matters as the legal issues may intertwine. Our representation includes collaborating with all attorneys, finding appropriate experts and negotiating settlement terms.
Prosecution/Private Petition
An experienced family law attorney specializing in dependency cases can also help clients who are searching for a way to protect an endangered child who is related to them. Our firm has represented mothers, fathers, grandparents, uncles, aunts, and adult siblings who want to file a private termination of parental rights case.
In Florida, anyone having knowledge of abuse, abandonment, or neglect may file a private petition for termination of parental rights. However, the burden of proof is high and the journey ahead is taxing. Our attorneys not only have the legal knowledge and experience to successfully win your case, but have the compassion to help you through what will be one of the most difficult moments in your life.
Pursuing a termination of rights case requires several considerations:
- Are the child’s best interests being served by permanently severing their relationship with their parents?
- Will there be a substitute for the terminated parent-child relationship?
- Is there a suitable adoptive family?
As a former Department of Children and Families lawyer, Annette Sanchez has extensive experience in prosecuting termination of parental rights cases. She has won many trials, both as a DCF attorney and in private practice.
Family Court Proceedings
Termination of parental rights proceedings initiated through family law court are more limited:
- A petition may only be filed by either a parent, a person having physical custody of the minor, or by an adoption entity that has the appropriate written consents
- The only ground for termination of parental rights under family law is abandonment
- A person must show that a parent has not fulfilled their legal obligation to their child by failing to provide for the child financially and by not establishing a substantial parent-child relationship
Annette Sanchez, P.A.- Miami Family Law Attorney Specializing in Termination of Parental Rights
Annette Sanchez Law, P.A. is a South Florida law firm located in Miami Lakes specializing in termination of parental rights cases. Our experienced lawyers are here to help you discuss your specific legal issues regarding your children or children in your family.
If you know of a child who is being abused or are being accused of abuse yourself, time is of the essence. Do not hesitate to call us and schedule an immediate consultation.
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